Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, knowingly enter into any Material Contracts with any Blocked Person. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 3 contracts
Samples: Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc)
Compliance with Anti-Terrorism Laws. Collateral Agent hereby notifies Borrowers Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Collateral Agent’s policies and practices, Collateral Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Borrower and its their principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Collateral Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower willwill not, and will not permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Collateral Agent if such Borrower has knowledge that any Borrower, any additional Credit Party Borrower or any of their respective Affiliates Subsidiary or agents acting or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will not and will not permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 3 contracts
Samples: Loan and Security Agreement (Anacor Pharmaceuticals, Inc.), Loan and Security Agreement (Anacor Pharmaceuticals Inc), Loan and Security Agreement (Supernus Pharmaceuticals Inc)
Compliance with Anti-Terrorism Laws. Agent Lender hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and Agentsuch Person’s policies and practices, Agent Lender is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent Lender to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any of its Subsidiaries or Affiliates to, directly or indirectly, knowingly enter into any Material Contracts documents or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Credit Party shall promptly (but in any event within three (3) Business Days) notify Lender in writing upon any Responsible Officer of Borrower shall immediately notify Agent if such Borrower has having knowledge that any Borrower, any additional Credit Party or any Subsidiary or Affiliate of their respective Affiliates or agents acting or benefiting in any capacity in connection with Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary of its Subsidiaries or Affiliates to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoidsavoids or violates, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Biodelivery Sciences International Inc), Loan Agreement (Amicus Therapeutics Inc)
Compliance with Anti-Terrorism Laws. The Administrative Agent hereby notifies Borrowers the Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and the Administrative Agent’s policies and practices, the Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers the Credit Parties and its their respective principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, directly or indirectly, knowingly enter into any Material Contracts contract with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify the Administrative Agent if such Borrower Credit Party has actual knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ai) is convicted on, (bii) pleads nolo contendere to, (ciii) is indicted on, or (div) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, violates or attempts to violate, violate any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law. (s) Maintenance and Operation of Scooters. At all times, the Borrower will (i) to the extent required to comply with Section 8.01(v), maintain, or cause to be maintained by the Parent pursuant to the Scooter Lease, the Scooters in good repair and working order (reasonable wear and tear excepted), and (ii) cause such Scooters to be operated by the Parent pursuant to and in accordance with the terms of the Scooter Lease. The Borrower may not sell or otherwise transfer title of any Scooter to any other Person (it being acknowledged and agreed that any Lien on any Scooter pursuant to clause (e) of the definition of Permitted Liens shall not constitute a sale or transfer of title in such Scooter).
Appears in 2 contracts
Samples: Loan and Security Agreement (Bird Global, Inc.), Loan and Security Agreement (Bird Global, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Borrower and its their principals, which information includes the name and address of each Borrower and its their principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower willshall not, nor shall Borrower permit any Subsidiary or Affiliate under its direct or indirect control to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any Subsidiary or Affiliate of their respective Affiliates Borrower under its direct or agents acting or benefiting in any capacity in connection with indirect control, is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower willshall not, or will nor shall Borrower permit any Subsidiary or Affiliate under its direct or indirect control to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Hansen Medical Inc), Loan and Security Agreement (Hansen Medical Inc)
Compliance with Anti-Terrorism Laws. Agent Lender hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and AgentLender’s policies and practices, Agent Lender is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent Lender to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent Lender if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Borrower and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower willwill not, nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party Borrower or any of their respective Affiliates Subsidiary or agents acting or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers the Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers the Credit Parties and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Credit, Security and Guaranty Agreement (Term Loan) (Oxford Immunotec Global PLC), Credit, Security and Guaranty Agreement (Oxford Immunotec Global PLC)
Compliance with Anti-Terrorism Laws. Agent Lender hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and AgentLender’s policies and practices, Agent Lender is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent Lender to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent Lender if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates its Subsidiaries has knowledge that any Credit Party or agents acting any Subsidiary or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Loan Agreement (iRhythm Technologies, Inc.), Loan Agreement (iRhythm Technologies, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Operative Documents or Material Contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, Borrower or any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Credit and Security Agreement (Monogram Biosciences, Inc.), Credit and Security Agreement (BioTrove, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its their principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any BorrowerCredit Party, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or knowingly indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar applicable executive order or other Anti-Terrorism LawLaw applicable to such Credit Party, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other any Anti-Terrorism LawLaw applicable to such Credit Party.
Appears in 2 contracts
Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.), Credit, Security and Guaranty Agreement (Wright Medical Group N.V.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, knowingly enter into any Material Contracts with any Blocked Person. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary toknowingly, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Credit and Security Agreement (Skilled Healthcare Group, Inc.), Credit and Security Agreement (Skilled Healthcare Group, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its their principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts contracts or other agreements with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sight Sciences, Inc.), Credit and Security Agreement (Term Loan) (Sight Sciences, Inc.)
Compliance with Anti-Terrorism Laws. Agent Lender hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and AgentLender’s policies and practices, Agent Lender is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent Lender to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent Lender if such Borrower any Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with Subsidiary is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary to, and will use commercially reasonable efforts to cause any other Affiliate not to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.;
Appears in 2 contracts
Samples: Loan and Security Agreement (Novocure LTD), Loan and Security Agreement (Novocure LTD)
Compliance with Anti-Terrorism Laws. Agent Lessor hereby notifies Borrowers Lessee that pursuant to the requirements of certain Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act) and AgentLessor’s policies and practices, Agent Lessor is required to obtain, verify and record certain information and documentation that identifies Borrowers Lessee, its principals and its principalsAffiliates, which information includes the name and address of each Borrower and Lessee, its principals and Affiliates, and such other information that will allow Agent Lessor to identify such party parties in accordance with the Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act). No Borrower willLessee will not, directly or indirectly, knowingly enter into any Material Contracts lease for the operation of any part of a Facility or any other lease or any material contracts with any Blocked Personperson listed on the OFAC List. Each Borrower Lessee shall immediately promptly notify Agent Lessor if such Borrower Lessee has knowledge that any Borrower, any additional Credit Party Lessee or any of their respective its principals or Affiliates or agents acting or benefiting in any capacity in connection with Guarantor is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC List or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or Lessee will permit any Subsidiary tonot, directly or indirectly, indirectly (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 13224, or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Master Lease Agreement (MPT Operating Partnership, L.P.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, will permit any Subsidiary to knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, to (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)
Compliance with Anti-Terrorism Laws. Administrative Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent’s policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Operative Documents or Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Administrative Agent if such Borrower has knowledge that any Borrower, Borrower or any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or becomes listed on the OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit and Security Agreement (Seracare Life Sciences Inc)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Borrower and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower willwill not, nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party Borrower or any of their respective Affiliates Subsidiary or agents acting or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo nolo, contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Loan and Security Agreement (Inspire Pharmaceuticals Inc)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly Directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party Borrower or any Subsidiary, Affiliate or direct or indirect parent of their respective Affiliates or agents acting or benefiting in any capacity in connection with a joint venture is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower willwill not, or nor will Borrower permit any Subsidiary Subsidiary, Affiliate or direct or indirect parent of a joint venture to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law. Agent hereby notifies Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrower and its principals, which information includes the name and address of Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws.
Appears in 1 contract
Samples: Credit and Security Agreement (Biocryst Pharmaceuticals Inc)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its their principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts contracts or agreements or otherwise engage in transactions directly or indirectly with any Blocked PersonPerson or any Person listed on the OFAC Lists or any Sanctioned Country. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) enters into a settlement agreement with a U.S. government agency, (c) pleads nolo contendere to, (cd) is indicted on, or (de) is arraigned and held over on charges charges, in each case of the foregoing clauses (a) through (e), involving money laundering or predicate crimes to money laundering, Anti-Terrorism Laws or export control laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing directly or indirectly with any Blocked PersonPerson or Sanctioned Country, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable LawPerson or Sanctioned Country, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Compliance with Anti-Terrorism Laws. Agent Lessor hereby notifies Borrowers Lessee that pursuant to the requirements of certain Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act) and AgentLessor’s policies and practices, Agent Lessor is required to obtain, verify and record certain information and documentation that identifies Borrowers Lessee, its principals and its principalsAffiliates, which information includes the name and address of each Borrower and Lessee, its principals and Affiliates, and such other information that will allow Agent Lessor to identify such party parties in accordance with the Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act). No Borrower willLessee will not, directly or indirectly, knowingly enter into any Material Contracts lease for the operation of any part of a Facility or any other lease or any material contracts with any Blocked Personperson listed on the OFAC List. Each Borrower Lessee shall immediately notify Agent Lessor if such Borrower Lessee has knowledge that any Borrower, any additional Credit Party Lessee or any of their respective its principals or Affiliates or agents acting or benefiting in any capacity in connection with Guarantor is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC List or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or Lessee will permit any Subsidiary tonot, directly or indirectly, indirectly (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit benefit. of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 13224, or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Master Lease Agreement (MPT Operating Partnership, L.P.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, knowingly enter into any Operative Documents or Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit and Security Agreement (Staffing 360 Solutions, Inc.)
Compliance with Anti-Terrorism Laws. Agent Lessor hereby notifies Borrowers Lessee that pursuant to the requirements of certain Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act) and AgentLessor’s policies and practices, Agent Lessor is required to obtain, verify and record certain information and documentation that identifies Borrowers Lessee, its principals and its principalsAffiliates, which information includes the name and address of each Borrower and Lessee, its principals and Affiliates, and such other information that will allow Agent Lessor to identify such party parties in accordance with the Anti-Terrorism LawsLaws (including, without limitation, the Patriot Act). No Borrower willLessee will not, directly or indirectly, knowingly enter into any Material Contracts lease for the operation of any part of a Facility or any other lease or any material contracts with any Blocked Personperson listed on the OFAC List. Each Borrower Lessee shall immediately notify Agent Lessor if such Borrower Lessee has knowledge that any Borrower, any additional Credit Party Lessee or any of their respective its principals or Affiliates or agents acting or benefiting in any capacity in connection with Guarantor is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC List or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or Lessee will permit any Subsidiary tonot, directly or indirectly, indirectly (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 13224, or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Master Lease Agreement (MPT Operating Partnership, L.P.)
Compliance with Anti-Terrorism Laws. Administrative Agent hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent’s policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Administrative Agent if such Borrower any Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates Subsidiary or agents acting or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Operative Documents or Material Contracts with any Blocked PersonPerson or Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borrower, Borrower or any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or becomes listed on the OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit and Security Agreement (Advancis Pharmaceutical Corp)
Compliance with Anti-Terrorism Laws. Collateral Agent hereby notifies Borrowers Borrower that pursuant to the requirements of Anti-Terrorism Laws, and Collateral Agent’s policies and practices, Collateral Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Borrower and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Collateral Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower willwill not, nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, knowingly enter into any Material Contracts documents, instruments, agreements or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower shall immediately notify Collateral Agent if such Borrower has knowledge that any Borrower, any additional Credit Party Borrower or any of their respective Affiliates Subsidiary or agents acting or benefiting in any capacity in connection with Affiliate is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower willwill not, or nor will Borrower permit any Subsidiary or Affiliate to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. Agent Lender hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and AgentLender’s policies and practices, Agent Lender is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent Lender to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower shall immediately notify Agent Lender if such Borrower has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224No.13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any BorrowerCredit Party , any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit and Security Agreement (Kewaunee Scientific Corp /De/)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its their principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts contracts or agreements or otherwise engage in transactions directly or indirectly with any Blocked PersonPerson or any Person listed on the OFAC Lists or any Sanctioned Country. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) enters into a settlement agreement with a U.S. government agency, (c) pleads nolo contendere to, (cd) is indicted on, or (de) is arraigned and held over on charges charges, in each case of the foregoing clauses (a) through (e), involving money laundering or predicate crimes to money laundering, Anti-Terrorism Laws or export control laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing directly or indirectly with any Blocked PersonPerson or Sanctioned Country, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable LawPerson or Sanctioned Country, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law. MidCap / ATEC / Credit, Security and Guaranty Agreement . No Credit Party may backdate, postdate or redate any of its invoices with respect to Eligible Accounts, except to the extent required to correct any clerical errors or as otherwise consented to in advance by Agent in its Permitted Discretion. No Credit Party may make any sales on extended dating or credit terms with respect to Eligible Accounts beyond that customary in such Credit Party’s industry or in the Ordinary Course of Business or otherwise consented to in advance by Agent in its Permitted Discretion. In addition to the Borrowing Base Certificate to be delivered in accordance with this Agreement, Borrower Representative shall notify Agent promptly upon any Credit Party’s learning thereof, in the event any Eligible Account becomes ineligible for any reason, other than the aging of such Account, and of the reasons for such ineligibility. Borrower Representative shall also notify Agent promptly of all material disputes and claims with respect to the Accounts of any Credit Party, and such Credit Party will settle or adjust such material disputes and claims at no expense to Agent; provided, however, no Credit Party may, without Agent’s consent, grant (a) any discount, credit or allowance in respect of its Eligible Accounts which is outside the Ordinary Course of Business of (b) any materially adverse extension, compromise or settlement to any customer or account debtor with respect to any then Eligible Account. Nothing permitted by this Section 5.16, however, may be construed to alter in any the criteria for Eligible Accounts, or Eligible Inventory provided in Section 1.1. .
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and Agentsuch Person’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any of its Subsidiaries or Affiliates to, directly or indirectly, knowingly enter into any Material Contracts documents or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower Credit Party shall immediately promptly (but in any event within three (3) Business Days) notify Agent if such in writing upon any Responsible Officer of Parent or Borrower has having knowledge that any Borrower, any additional Credit Party or any Subsidiary or Affiliate of their respective Affiliates or agents acting or benefiting in any capacity in connection with Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary of its Subsidiaries or Affiliates to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoidsavoids or violates, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and Agentsuch Person’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers each Credit Party and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, nor will any Credit Party permit any of its Subsidiaries or Affiliates to, directly or indirectly, knowingly enter into any Material Contracts documents or contracts with any Blocked PersonPerson listed on the OFAC Lists. Each Borrower Credit Party shall immediately promptly (but in any event within three (3) Business Days) notify Agent if such in writing upon any Responsible Officer of Parent or Borrower has having knowledge that any Borrower, any additional Credit Party or any Subsidiary or Affiliate of their respective Affiliates or agents acting or benefiting in any capacity in connection with Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or nor will any Credit Party permit any Subsidiary of its Subsidiaries or Affiliates to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.-47-
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Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers that pursuant to the requirements (a) Neither Guarantor nor its respective constituents or affiliates are or will be in violation of any Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and Law.
(b) Neither Guarantor nor any of its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly respective constituents or indirectly, knowingly enter into any Material Contracts with any Blocked Person. Each Borrower shall immediately notify Agent if such Borrower has knowledge that any Borroweraffiliates, any additional Credit Party of its respective brokers or any of their respective Affiliates or other agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement Loan nor, to Guarantor’s knowledge as of the date hereof, the seller of the Property (if any portion of the Property is being acquired with proceeds of the Loan) is or becomes will be a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, Prohibited Person.
(c) Neither Guarantor, nor any of its respective affiliates or constituents, any of its respective brokers or other agents acting in any capacity in connection with the Loan nor, to Guarantor’s knowledge as of the date hereof, the seller of the Property (if any portion of the Property is indicted on, or (dbeing acquired with proceeds of the Loan) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Prohibited Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Prohibited Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, ; or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other any Anti-Terrorism Law.
(d) Guarantor covenants and agrees to deliver to Lender any certification or other evidence that Lender reasonably may request from time to time confirming Guarantor’s compliance with this Section.
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Samples: Guaranty of Recourse Obligations (Maguire Properties Inc)
Compliance with Anti-Terrorism Laws. Agent hereby notifies Borrowers Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers Credit Parties and its principals, which information includes the name and address of each Borrower Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Material Contracts with any Blocked PersonPerson or any Person listed on the OFAC Lists. Each Borrower Credit Party shall immediately notify Agent if such Borrower Credit Party has knowledge that any Borrower, any additional Credit Party or any of their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (a) is convicted on, (b) pleads nolo contendere to, (c) is indicted on, or (d) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. No Borrower Credit Party will, or will permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, except in compliance with applicable Law, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
Appears in 1 contract
Samples: Credit and Security Agreement (Staffing 360 Solutions, Inc.)